In this one of two related opinions, the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) reversed the decision of the U.S. Bankruptcy Court for the Central District of California (BC) to...
Judge(s):
Laura S. Taylor; Robert J. Faris; and William J. Lafferty III
The U.S. Court of Appeals for the Seventh Circuit (Panel) (1) asserted its appellate jurisdiction to review a stay of district-court proceedings under 28 U.S.C. § 1291 and (2) affirmed the...
Judge(s):
Diane S. Wood; David F. Hamilton; and Frank H. Easterbrook
BAP for 8th Circuit affirmed ruling of bankruptcy court (ED Mo. - St. Louis) finding bifurcated fee charged by consumer debtor attorney was excessive for post-petition services where no...
Under Hitt v. Glass (In re Glass), 164 B.R. 759, 765 (9th Cir. BAP 1994), aff’d, 60 F.3d 565 (9th Cir. 1995), a trustee may defeat a debtor's exemption on property released from a lien or...
BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) dismissed debtor's adversary complaint against foreclosing creditors and their attorney for willful violation of automatic stay. Real property...
The Court of Appeals reversed the order vacating the dismissal of the debtor's Chapter 13 case and remanded to the Bankruptcy Court with instructions to dismiss the case. The Court based its ruling...
Judge(s):
Gibbons, Kethledge and Murphy; Opinion by Kethledge
The U.S. Court of Appeals for the Ninth Circuit (Panel) affirmed the Bankruptcy Appellate Panel’s affirmance of rejection of a debtor’s attempt, after her chapter 13 case’s conversion to a...
Judge(s):
Consuelo M. Callahan; Richard C. Tallman; and Kenneth K. Lee
BAP for 9th Cir. affirmed bankruptcy court (ND Cal.) order converted debtors' chapter 13 case to chapter 7. Debtors' attempts to misrepresent interest in non-residential property, including...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the dismissal of an involuntary case filed by a creditor by the U.S. Bankruptcy Court for the Northern District of California...
Where a decision whether to allow or disallow a claim could have preclusive effect in future litigation, an appeal of that decision is not moot despite the administrative bankruptcy case having...
Judge(s):
Honorable Lafferty, Faris, and Taylor, Bankruptcy Judges
